City of Everett v. Weborg

— The City of Everett appeals from an award to Harriet Weborg of attorney and expert witness fees she incurred while litigating the amount offered for her property in a condemnation proceeding. Weborg cross-appeals the trial court's denial of fees attributable to a public use and necessity hearing. We conclude that the award of attorney fees and costs was contrary to RCW 8.25.070 and reverse.

The City, after extended negotiations, instituted eminent domain proceedings to acquire Weborg's property for the purpose of constructing a city street. The City, on June 17, 1981, served Weborg with a…